Specified systems and compliance schedules

If you own a building that contains a specified system such as a cable car, you must ensure they are effectively operated for the life of the building and in keeping with the council-issued compliance schedule.

A determination is a binding decision made by MBIE providing a way of solving disputes or questions about the rules that apply to buildings, how buildings are used, building accessibility, and health and safety.

Accredited product certification bodies are the only organisations that can evaluate and issue your building product with a CodeMark certificate. There are CodeMark Scheme Rules they must follow when doing so.

If you want to have your building product certified for use in building work in New Zealand, you must apply to a product certification body accredited to carry out certification services against the performance requirements of the New Zealand Building Regulations.

Some certification bodies certify products against both the New Zealand and Australian Building Regulationss whilst others operate solely in the New Zealand market. You can determine the suitability of a certification body by ing it directly and checking that its scope of accreditation includes the clauses of the Building Regulations that are relevant to your product, or alternatively you could check the .

You will need to pay an application fee to the certification body, as well as ongoing audit costs. Audits are carried out, on an annual basis, to monitor products and their manufacturing process and to keep the certificates valid.

Having a CodeMark-certified product does not eliminate the need for a building consent or building consent authority (BCA) inspections during the building process. BCAs need to be satisfied that the conditions on the certificate for the CodeMark product have been met and its proposed use is within the scope of the certificate. They do not need to sight or assess any of the product’s supporting evidence, such as test reports, calculations and assessments and must rely on the certificate itself as proof of compliance with the Building Regulations.

CodeMark in Australia

CodeMark was developed jointly with the Australian Building Regulationss Board (ABCB), and operates on both sides of the Tasman. The CodeMark Scheme Rules apply to both countries.

However, products must still be certified separately for New Zealand and Australia because there are differences in the two countries’ building codes and different local conditions.

For example, durability and weathertightness are issues for New Zealand buildings, while termite protection is a concern in Australia.

You can check to see whether a product is CodeMark certified for New Zealand by checking our register. If you are looking for a product with an Australian CodeMark certificate, you will need to the Australian Building Regulationss Board.

has information about product certification in Australia.

After a product is certified

As a CodeMark certificate holder, you have ongoing responsibilities to ensure the certified product continues to be manufactured to the same standards, levels and quality as those against which it was evaluated and certified.

You will need to make sure you follow the ongoing auditing requirements of the product certification body as well as the requirements of the Scheme Rules.

Your product will still need to go through the building consent application process each time it is proposed for use in building work. BCAs still need to determine whether the proposed building work uses the CodeMark product according to the use and limitations of the certificate. If the product is being used outside the scope of certificate the BCA will be unable to rely solely on the product certificate and will likely need to see further evidence of compliance with the Building Regulations.

Changes to your certified product

You must notify your product certification body if you plan on making any changes to your certified product or its manufacturing process as it will need to assess whether this will have any impact on the compliance of the product with the Building Regulations and may need to re-evaluate the product.

The changes may also need to be documented on your product’s certificate and therefore a revised certificate may need to be issued.

Users of CodeMark certificates must be able to be certain they have the most current, up to date certificate when specifying products or assessing the compliance of building work involving a certified product.

Using the CodeMark Mark of Conformity in your marketing

The CodeMark Scheme Rules have specific requirements about using the CodeMark logo, known as the Mark of Conformity in your product’s marketing material.

The Mark of Conformity must only be used in association with a valid certificate number and needs to be applied:

The CodeMark Scheme Rules were reviewed and changed in 2010. This document highlights the changes and should be used in conjunction with the CodeMark Scheme Rules published in 2009.

It also includes guidance in the form of a flow chart to help with interpretation of the changes.

Viewing CodeMark certificates

The current versions of all CodeMark certificates are publically available on our Register.

The certificates state the product’s purpose and use as well as any limitations and conditions on that use, such as design and installation requirements. They also have details for the certificate holder and its certification body.

Withdrawn, suspended or revoked certificates

Product certification bodies or MBIE (in certain circumstance) can suspend or revoke a product certificate at any time for reasons including:

a breach of the Scheme Rules, the certificate’s conditions or the certification body’s procedures

a critical non-conformity

failure to pay fees

if the certificate holder changes a product characteristic significantly without prior notification

misuse of the Mark of Conformity

the certificate has been obtained by fraud or misrepresentation

the product no longer meets the criteria and standards for certification

any other certification for that building method or product has been revoked or cancelled

the Building Regulations has been amended and no longer applies to the certified product.

Before suspending or revoking a certificate the issuing product certification body or MBIE must give the certificate holder a reasonable opportunity to be heard.

As a certificate holder, you can withdraw a certificate at any time if you no longer wish to have your product CodeMark certified.

If your certificate is suspended or revoked or you have chosen to withdraw it, it is your responsibility to notify your regular customers. You must also immediately stop using the certificate or any references to it as well as the CodeMark Mark of Conformity.

Complaint process about concerns relating to CodeMark certificates

Concerns about a building product with a CodeMark certificate should, in the first instance, be brought to the attention of the product certification body.

Product certificates are the property of the certification body and it is only the certification body that can make any alterations or corrections to the certificate. Therefore if there is any doubt about the contents of the certificate, the appropriate response is to deal directly with the certification body which will investigate and discuss with the certificate holder as required.

Contact details for the certificate holder and its product’s certification body can be obtained from the certificate itself.

If you are not satisfied with the outcome of the certification body’s investigation you may then refer the complaint to JAS-ANZ.

(the Joint Accreditation System of Australia and New Zealand) is the organisation appointed by MBIE as responsible for assessing, monitoring and accrediting product certification bodies. It must also investigate the actions of certificate holders where appropriate.

The certification body should always be given a reasonable timeframe to investigate and resolve a complaint before any complaint is made to JAS-ANZ. What is defined as a reasonable timeframe is likely to depend on a range of factors including the extent and type of the complaint.

MBIE’s role is to monitor the performance of JAS-ANZ. Complaints should generally only be referred to MBIE if JAS-ANZ appears to be failing to fulfil its obligations.

About Us

This information is published by the Your home’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people:

with compliance with the Building Act, it is published under section 175 of the Building Act

with a Weathertight Services claim, it is published under section 12 of the Weathertight Homes Resolution Services Act 2006.